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(영문) 수원지방법원 2015.10.07 2015노1523
업무방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The appellant shall submit the grounds of appeal to the appellate court within 20 days from the date on which he receives the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the grounds of appeal are not submitted within the said period, the appellate court shall dismiss the appeal by decision.

(1) According to the records, Defendant B did not submit the grounds for appeal within the submission period of 20 days under Article 361-3(1) of the Criminal Procedure Act after filing an appeal against the judgment of the court below, and received a written notification of the receipt of the trial records from this court on March 11, 2015, and Defendant B did not submit the grounds for appeal within the submission period of 20 days under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of the grounds for appeal,

2. As to Defendant C’s appeal

A. The summary of the grounds of appeal 1) In a case where Defendant C misjudgments the fact that Defendant C is aware of the fact against the victim, the H apartment 206-dong 905 (hereinafter “instant apartment”).

The introduction of the instant apartment is true. However, the said Defendant was sent to the victim after hearing that there was a legitimate lien on the instant apartment from A and AB, and the said Defendant did not have any intention to commit fraud. In addition, the said Defendant was aware of all these circumstances, and there was no deception. In addition, there is no fact of deceiving the victim. 2) The sentence of the lower court on unreasonable sentencing (fine 3 million won) is too unreasonable.

B. As to the allegation of mistake of facts 1, Defendant C asserted the same purport as the grounds for appeal of this case at the court below, the court below rejected the above Defendant C’s judgment in detail under the “Defendant C” among the judgment of the court below.

The following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below are the following circumstances.

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